“Personal Data” means at least information that identifies an individual directly or indirectly, and includes personal data or personal information as those terms are defined by applicable law. Personal Data includes, but is not limited to, name, mailing address, e-mail address, telephone number, and device identifiers. 

Personal Data does not include information that has been anonymized or aggregated in such a way that it can be used to re-identify an individual, whether on its own or in combination with other information.

While using the Services, you may provide us with Personal Data either directly or indirectly. The categories of Personal Data we process depend on how you interact with us, our Services, and the requirements of applicable law. Generally, we process Personal Data that you provide to us directly, information we obtain automatically when you use our Services, and information from other sources such as third-party services and organizations. See below for more details regarding each category.

Data You Provide to Us Directly

Account data: You are not required to create a Jam City account to play our games. However, we may offer you the ability to create a publicly-facing username. 

Player Programs: We may process additional information (i.e., your name, email address, birthday, gender, device ID, Facebook ID, and IP address) from you if you enroll in one of our player-facing programs. 

Purchase data : If you choose to purchase any virtual goods as part of your use of the Services, to the extent available, we or our third-party service providers on our behalf may collect your purchase history. Any payments made via our Services are processed by third-party payment processors: we do not collect or store any payment card information or banking entered through our Services, but we may receive information associated with your payment card information (i.e., Device ID, Player ID, Facebook ID, ISO Country Code, ISO Currency Code, Transaction ID, and total amount spent).

Communications with us : We may process Personal Data (i.e., Device ID, Player ID, Facebook ID, SIWA ID, ISO Country Code, and email address) when you request information about our services, register for our newsletter, request customer or technical support, or otherwise communicate with us.

Surveys : We may contact you to participate in surveys. If you decide to participate, we may collect Personal Data (i.e., name, email address, age, and gender) from you in connection with the survey.

Interactive features : We process Personal Data (including Player ID and username) that you submit or make available through our interactive features (e.g., messaging and chat features, commenting functionalities, forums, blogs, and social media pages). Any information you provide using the public sharing features of the Services will be considered “public,” unless otherwise required by applicable law, and is not subject to the privacy protections referenced herein. Please exercise caution before revealing any information that may identify you in the real world to other users.

Sweepstakes or contests : We may process Personal Data (i.e., name, email address, social media username, and city, state, and country location data) you provide for any sweepstakes or contests that we offer. In some jurisdictions, we are required to publicly share information (such as full names) of sweepstakes and contest winners.

Conferences, trade shows, and other events : We may collect Personal Data (i.e., name and email address) from individuals when we attend or host conferences, trade shows, and other events.

Job applications : We may post job openings and opportunities on our Services. If you respond to one of these postings, we may collect your Personal Data, such as your application, resume/CV, cover letter, and/or any other information you provide to us. For more information, please see our Job Applicant Privacy Policy .

Data We Receive When You Use The Services

• Processing of Website and/or Device Data

We also may collect the following categories of Personal Data from our website or your device when you are using the Services or are navigating to the Services from other (third-party) websites for marketing purposes: certain information about your computer or mobile device including operating system of your computer/device, device ID, software version, Internet protocol (IP) address, user settings, MAC address, cookie identifiers, mobile carrier, mobile advertising and other unique identifiers, language, details about your browser, location information (including inferred location based off your IP address), Internet service provider, pages that you visit before, during and after using the Services, information about the links you click, and other information about how you use the Services. Information we collect may be associated with your Player ID and the devices you use.

• Crash reports

If you provide crash reports, we may process Personal Data related to such crash reports, including Client ID, Device ID, Player ID, and detailed diagnostic information about your device and the activities that led to the crash of our Services. We use Google Firebase Crashlytics to allow us to better understand how our digital Services are being used and to continually improve our Services. For more information, please visit  www.google.com/policies/privacy/partners/.

• Cookies, Pixel Tags/Web Beacons, Analytics Information, Mobile Device Identifiers, and Interest-Based Advertising

We use cookies, pixel tags, and other technologies (“Technologies”) to process Personal Data through the Services. Technologies are essentially small data files placed on your computer, tablet, mobile phone, or other devices that allow us to record certain pieces of Personal Data whenever you visit or interact with our Services. Jam City’s websites include only cookies necessary for website functionality. 

Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded on the Services that collects Personal Data about users’ engagement on that web page. The use of a pixel allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement. We may also include web beacons in e-mails to understand whether messages have been opened, acted on, or forwarded.

Mobile Device Identifiers. Depending on your privacy settings, we may share the advertising identifier associated with your mobile device or tablet (such as the Apple IDFA and Google Advertising ID) with advertisers. An advertising identifier is an alphanumeric string that can be used to identify your device so that advertisers can serve relevant ads to you. An advertising identifier is assigned, and ad tracking is turned on, by default on your mobile device. You may limit the use of or reset your advertising device ID using the privacy settings on your mobile device. In some cases, you may need to reset the operating system to reset the advertising device ID.

Analytics. We may also use Technologies and other third-party tools to process Personal Data regarding user behavior, gameplay session data, visual gameplay information, and user demographics on our Services. These Technologies allow us to better understand how our digital Services are used and to continually improve and personalize our Services. Some of these Technologies include:

• Adjust: To learn more about Adjust’s analytic tracking, you can review the Adjust Privacy Policy . To opt out of tracking by Adjust, visit: https://www.adjust.com/forget-device

Backend Services. We may also use Technologies and other third-party tools to process Personal Data for backend services. We use PlayFab for backend services. PlayFab collects geolocation at a country level. For more information, please see the Microsoft privacy policy: https://privacy.microsoft.com/en-US/privacystatement We use UserCentrics for backend services and analytics. For more information, please see the UserCentrics privacy policy: https://usercentrics.com/privacy-policy/

Our uses of such Technologies fall into the following general categories:

Operationally Necessary. This includes Technologies that allow you access to our Services, applications, and tools that are required to identify irregular site behavior, prevent fraudulent activity and improve security or that allow you to make use of our functions such as shopping-carts, saved search, or similar functions;

Performance Related. We may use Technologies to assess the performance of our Services, including as part of our analytic practices to help us understand how our users use the Services;

Functionality Related. We may use Technologies that allow us to offer you enhanced functionality when accessing or using our Services. This may include identifying you when you sign into our Services or keeping track of your specified preferences, interests, or past items viewed;

Advertising or Targeting Related. We may use first party or third-party Technologies to deliver content, including ads relevant to your interests, on our Services or on third-party digital properties.

For more information about your ability to control the use of these Technologies, please see Your Rights and Choices below.

Data We Receive From Other Sources

Social Networking Services: We also may receive Personal Data from other third parties if you sign-up to use the Services via certain third-party social networking sites, such as Facebook (including on Facebook canvas), Apple, or Google (each a “Social Networking Service”). In this case, we may receive and use Personal Data you have provided to such Social Networking Services and made available via your account privacy settings, such as your name, profile picture, friends list and/or email address.

Third party vendors and related parties: We may receive Personal Data from third party vendors and related parties in connection with receiving analytics, advertising, security, and fraud prevention services.

We process Personal Data for a variety of business purposes, including:

To provide products, Services, or information requested including to manage user information; respond to questions, comments, and other requests; provide access to certain areas, functionalities, and features of our Services; to provide you with crash reports; answer requests for customer or technical support; and allow you to register for events. This processing of Personal Data is based on Art. 6 (1) lit. a (consent), lit. b (performance of the contract) or lit. f (legitimate interest). Our legitimate interest is to provide you with information regarding events, sweepstakes or similar, but also to inform you about ads to our Services. 

For administrative purposes including to: 

• measure interest and engagement on our Services and optimize gameplay; conduct research and development; improve or develop new products and Services; and ensure internal quality control; based on Art. 6 (1) lit. a and f GDPR (consent, legitimate interest);  
• authenticate and verify an individual’s identity, including for requests to exercise your rights under this Privacy Policy; communicate with you about your activities on our Services and policy changes; process your Purchase data for products or Services purchased; process transactions and process transactions based on Art. 6 (1) lit. a GDPR (consent), Art. 6 (1) lit. b GDPR (performance of the contract) or 6 (1) lit. f GDPR (legitimate interest for advertisement);
• prevent potentially prohibited or illegal activities; and enforce our terms based on Art. 6 (1) lit. c GDPR (compliance with legal obligation). 

To Market Our Products and Services including to provide you with materials about offers, products, and Services that may be of interest, including new content or Services based on Art. 6 (1) lit. a GDPR (consent) or Art. 6 (1) lit. f GDPR (legitimate interest). We may provide you with these materials as permitted by applicable law. Some of the ways we market to you include email campaigns, custom audiences advertising, and “interest-based” or “personalized advertising,” including through cross-device tracking and retargeting. Such uses include to tailor content, advertisements, and offers; to notify you about offers, products, and services that may be of interest to you; to provide Services to you; and other purposes you consent to or are disclosed when you provide Personal Data according to Art. 6 (1) lit. a GDPR (consent) and Art. 6 (1) lit. f GDPR (legitimate interest). 

To Create De-Identified and Aggregate Reports. We may use Personal Data and other information about you to create de-identified and/or aggregated information, such as de-identified demographic information, de-identified location information, de-identified or aggregated trends, reports, or statistics, de-identified or aggregated information about the computer or device from which you access our Services, or other analyses we create. 

Other Uses. We may use Personal Data to pursue according to Art. 6 (1) lit. f GDPR (legitimate interest) for research (including marketing research), network and information security, and fraud prevention purposes.

The Services may contain links to other websites/applications and other websites/applications may reference or link to our Services. These other domains and websites are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. We do not endorse, screen, or approve, and are not responsible for the privacy practices or content of such other websites or applications. Visiting these other websites or applications is at your own risk.

As part of our business, we disclose your Personal Data to the categories of recipients below.

Other Jam City Registered Users:

If you register for the Services and submit your Personal Data to create a profile in our games, other registered users will see your username. Since your username is public, we recommend that you do not use your real name as your Subscriber Identifier since that may allow others to identify you in the real world.

Service Providers:

We may share any Personal Data we collect about you with our third-party service providers listed here . The types of service providers to whom we entrust Personal Data include service providers for the provision of the Services, the provision of information, products, marketing and advertising, analytics, customer service activities, and the provision IT and related services.

Business Partners:

We may share your Personal Data with business partners to provide you with a product or service you have requested. We may also share your Personal Data with business partners with whom we jointly offer products or services.

Disclosures to Protect Us or Others:

We may access, preserve, and disclose your Personal Data, other player data, and content if we believe doing so is required or appropriate to: comply with law enforcement or national security requests and legal process, such as a court order or subpoena; respond to your requests; protect your, our or others’ rights, property, or safety; to enforce our policies or contracts; to collect amounts owed to us; when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or if we, in good faith, believe that disclosure is otherwise necessary or advisable to protect us or third parties.

Social Networking Services:

We may share the information in your Jam City player profile (including your Personal Data) with the Social Networking Service you have linked to your Jam City player profile to provide you with enhanced services. These third parties have access to your Personal Data only for this purpose (unless they legitimately have received your Personal Data independently of the Jam City service) and are obligated not to disclose or use it for any other purpose.

Business Transfers:

Jam City may sell, transfer, or otherwise share some or all of its assets, including your Personal Data, in connection with an actual or proposed merger, acquisition, receivership, reorganization, purchase or sale of assets, transition of service to another provider or in the event of bankruptcy, as permitted by law and/or contract.

APIs/SDKs:

We may use third party APIs and software development kits (“SDKs”) as part of the functionality of our Services. APIs and SDKs may allow third parties including advertising partners to collect your Personal Data to provide content that is more relevant to you. For more information about our use of APIs and SDKs, please contact us as set forth below.

Advertising Partners: 

We may share your Personal Data with third-party advertising partners. These third-party advertising partners may set Technologies and other tracking tools on our Services to collect information regarding your activities and your device (e.g., your IP address, cookie identifiers, page(s) visited, location, time of day). These advertising partners may use this information (and similar information collected from other services) for purposes of delivering personalized advertisements to you when you visit digital properties within their networks. This practice is commonly referred to as “interest-based advertising” or “personalized advertising.”

Automated Decision-Making :

We engage in automated decision making, including profiling. For example, we may engage in automated decision making to scale your difficulty level in our apps. Jam City’s processing of your Personal Data will not result in a decision based solely on automated processing that significantly affects you unless such a decision is necessary as part of a contract we have with you, we have your consent, or we are permitted by law to engage in such automated decision making. If you have questions about our automated decision making, you may contact us as set forth in “ Contact Us ” below.

Unsubscribing from Email and Electronic Communications

If you receive a marketing or newsletter email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. Note that you will continue to receive transaction-related emails regarding products or Services you have purchased, as well as emails with certain non-promotional communications regarding us and our Services (e.g., regarding the Services or updates to this Privacy Policy).

Push Notifications and Geolocation

We may send you notifications through our mobile application. You may at any time change the settings on your mobile device. 

To stop the device location tracking by us, you may change the settings on your mobile device.

Do Not Track

Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers except as required by applicable law. However, if our site detects a GPC signal from your device, we will interpret it as either a Do Not Sell request or a request to limit the sale or sharing of Personal Data for targeted advertising depending on the law applicable to your jurisdiction.

Cookies and Interest-Based Advertising

Jam City’s websites include only cookies necessary for website functionality. 

The online advertising industry provides tools from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in certain self-regulatory programs. You can access these, and also learn more about targeted advertising and consumer choice and privacy, at www.networkadvertising.org/managing/opt_out.asp, http://www.youronlinechoices.eu/, https://youradchoices.ca/choices/, and www.aboutads.info/choices/.

Please note you must separately opt out on each device. Advertisements on third party websites that contain the AdChoices link may have been directed to you based on information collected by advertising partners over time and across websites. These advertisements provide a mechanism to opt out of the advertising partners’ use of this information for interest-based advertising purposes.

You can see the list of companies that may implement and/or access cookies and other technologies on your mobile device, and how to opt-out of such technologies (where available) at the Transferees and Service Providers table below.

Your Choice

You are not obliged to give us your Personal Data or consent for the processing of your Personal Data. You have moreover certain choices about Personal Data, e.g., where you have consented to the processing of your Personal Data, you may withdraw that consent at any time and prevent further processing by contacting us. Even if you opt-out, we may still collect and use non-personal data regarding your activities on our Services and for other legal purposes as described above.
If you are based in a jurisdiction not mentioned below, you can also request that we delete your Personal Data by submitting a request at https://support.jamcity.com/privacyrequest/ , or by contacting us at privacy@jamcity.com. Deletion may be limited to the extent that we are permitted or required by applicable law to retain certain information. (Note that if you request deletion of your Personal Data, you may no longer be able to use or access the Services. If you decide to use or access the Services again, we may consider this a new profile, and may collect Personal Data associated with that profile in accordance with this Privacy Policy). We will respond within 45 days or as required by applicable laws.

Your Data Subject Rights

If you are based in California, Colorado, Connecticut, Delaware, Indiana, Iowa, Kentucky, Maryland, Minnesota, Nebraska, Nevada, New Hampshire, New Jersey, Oregon, Rhode Island, Tennessee, Texas, Utah, or Virginia, you have additional rights with respect to your Personal Data. Click here to view the section regarding your rights.

If you are based in Europe or other jurisdictions outside the US that offer your rights, you have the rights explained in this section in accordance with applicable laws. If you want to exercise any of your rights or receive further explanation about them, please contact us via the contact details at the bottom of this Privacy Policy. Please note that some of these rights may be connected to certain statutory preconditions and thus, might not be applicable to you and your specific situation.

• Right of access

You have the right to request information about your Personal Data processed by us in accordance with applicable law, including Art. 15 GDPR. In particular, you may request information about the purposes of the processing, the category of Personal Data, the categories of recipients to whom your Personal Data has been or will be disclosed, the planned storage period, the existence of a right of rectification, erasure, restriction of processing or to object to processing, the existence of a right to object, the origin of your data if it has not been collected from us, as well as the existence of an automated decision-making process including profiling and, if applicable, meaningful information on their details.

• Right to rectification / request correction

You have the right to immediately request according to Art. 16 GDPR that we correct Personal Data that we have incorrectly or incompletely stored. You may also have the right to have incomplete or outdated personal data completed, including by means of providing a supplementary statement. In some cases, we may provide self-service tools that enable you to update your Personal Data.

• Right to Withdraw Consent

Where our processing of your Personal Data is based on your consent, you have the right to withdraw such consent at any time in accordance with Art. 7 (3) GDPR. The withdrawal of your consent will not affect the lawfulness of the processing based on consent before its withdrawal.

• Right to refuse the transfer of Personal Data Abroad

If you wish to refuse to transfer your Personal Data abroad, as described below , please contact us at privacy@jamcity.com . In the event that you refuse the transfer of your Personal Data abroad, Jam City would be unable to provide the Services to you. 

Under certain circumstances, you may have additional rights:

• Right to request information about the use of any automated decision system

You may have the right to request information about the use of any automated decision system and the impact it may have on you. You have the opportunity to submit observations regarding the use of any automated decision system to privacy@jamcity.com .

• Right to erasure / right to be forgotten

You may have the right to request from us to permanently delete your Personal Data in accordance with Art. 17 GDPR, unless processing is necessary for exercising the right to freedom of expression and information, for fulfilling a legal obligation, for reasons of public interest or for asserting, exercising or defending legal claims. You can make such a request if you, for example, believe that the Personal Data are unnecessary, excessive, or noncompliant in relation to the purpose for which the Personal Data were processed.

• Right to restrict the processing activities

You may have the right to request restriction based on Art. 18 GDPR to our processing activities if accuracy of the data is disputed by you, the processing is unlawful but you refuse its erasure and we no longer need the data, but you need it to assert, exercise or defend legal claims or you have objected to the processing in accordance with Art. 21 GDPR. If you choose to restrict our processing activities as it relates to providing the Services, you might not be able to use them.

• Right to data portability

According to Art. 20 GDPR, you may have the right to request from us that we send your Personal Data in a structured, commonly used and machine-readable format, and to transmit those data to another controller.

• Right to lodge a complaint with a supervisory authority

If you are unsatisfied with the way we treat your Personal Data, you may reach out to us at all times to solve the issue. However, you always have the right to lodge a complaint with a supervisory authority.

• Office of the Australian Information Commissioner
• Autoridade Nacionalde Proteçãode Dados (ANPD) 
• EEA Data Protection Authorities (DPAs) pursuant to Art1. 77 GDPR
• Swiss Federal Data Protection and Information Commissioner (FDPIC)
• UK Information Commissioner’s Office (ICO)
• Spanish Data Protection Agency (AEPD)
• Commission d’accès à l’information (CAI)
• Office of the Privacy Commissioner of Canada (OPCC)
• Korea Internet & Security Agency (KISA)

As a rule, you can contact the supervisory authority of your usual place of residence or workplace or of our place of business.

• Right to object to the processing activities

You have also the right to object at any time to the processing of Personal Data concerning you on the basis of Art. 6 (1) lit. f GDPR for reasons arising from your particular situation; this also applies to profiling based on these provisions. If you file an objection, we will no longer process your Personal Data unless we can prove compelling legitimate reasons for the processing that outweigh your interests, rights and freedoms, or the processing serves the assertion, exercise or defense of legal claims.

If you would like to exercise any of the rights listed above, please open a customer support ticket by clicking on this link: https://support.jamcity.com/privacyrequest/ . We will process such requests within one calendar month, or as required by applicable laws. To protect your privacy, Jam City may take steps to verify your identity before fulfilling your request.

Jam City is concerned with safeguarding your Personal Data, and we take steps designed to ensure that your Personal Data is treated securely and in accordance with this Privacy Policy. Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, we have implemented appropriate technical and organizational measures to ensure a level of security appropriate to the risk in accordance with applicable laws. Our and the service providers’ security measures are continuously improved in line with technological developments. We therefore reserve the right to change these security and data protection measures if this becomes necessary due to technical changes.

Identity theft and the practice currently known as “phishing” are of great concern to Jam City. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, your “account ID”, login password, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication. For more information about phishing, visit the Federal Trade Commission’s website.

All Personal Data collected by Jam City may be transferred, processed, and stored anywhere in the world, including but not limited to the United States in order to provide the Services.  As such, your information may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you choose to provide Personal Data to us, Jam City will transfer your Personal Data in accordance with the table below in order to provide the Services. 

If we transfer Personal Data which originates in the European Economic Area, Switzerland, and/or the United Kingdom to a country that has not been found to provide an adequate level of protection under applicable data protection laws, one of the safeguards we may use to support such transfer is the EU Standard Contractual Clauses .

For more information about the safeguards we use for internal transfers of your Personal Data, please refer to the table below or contact us as set forth below.

Transferee, Service Provider & Contact Information	Country of Transfer (location of storage subject to change from time to time)	Transfer Date & Method	Purpose of Transfer	Types of Personal Data Transferred	Retention Period
Jam City, Inc. privacy@jamcity.com	United States	Online transfer when using the Services	Providing the Services; Analytics – User Behavior and Demographics Analysis; Advertising – Market Our Products and Services; Customer Support – Answer Requests for Customer or Technical Support	Device ID, Username, IP address, Cookies	Until no longer necessary to provide the Services or fulfill the purposes below
JCTO, ULC (Jam City, Inc. subsidiary) privacy@jamcity.com	Canada	Online transfer when using the Services	Providing the Services; Analytics – User Behavior and Demographics Analysis; Advertising – Market Our Products and Services; Customer Support – Answer Requests for Customer or Technical Support	Device ID, Username, IP address, Cookies	Until no longer necessary to provide the Services or fulfill the purposes below
Jam City Germany GmbH (Jam City, Inc. subsidiary) privacy@jamcity.com	Germany	Online transfer when using the Services	Providing the Services; Analytics – User Behavior and Demographics Analysis; Advertising – Market Our Products and Services; Customer Support – Answer Requests for Customer or Technical Support	Device ID, Username, IP address, Cookies	Until no longer necessary to provide the Services or fulfill the purposes below
JCBA S.A.U. (Jam City, Inc. subsidiary) privacy@jamcity.com	Argentina	Online transfer when using the Services	Providing the Services; Analytics – User Behavior and Demographics Analysis; Advertising – Market Our Products and Services; Customer Support – Answer Requests for Customer or Technical Support	Device ID, Username, IP address, Cookies	Until no longer necessary to provide the Services or fulfill the purposes below
JCMV S.A. (Jam City, Inc. subsidiary) privacy@jamcity.com	Uruguay	Online transfer when using the Services	Providing the Services; Analytics – User Behavior and Demographics Analysis; Advertising – Market Our Products and Services; Customer Support – Answer Requests for Customer or Technical Support	Device ID, Username, IP address, Cookies	Until no longer necessary to provide the Services or fulfill the purposes below
Amazon Digital Services LLC Opt-out: https://www.amazon.com/gp/help/customer/display.html?nodeId=GX7NJQ4ZB8MHFRNJ	United States	Online transfer when using the Services	Providing the Services; Advertising – Market Our Products and Services	Device ID, Username, IP address	Until contract ends
Google, LLC: Opt-out: http://tools.google.com/dlpage/gaoptout	United States	Online transfer when using the Services	Providing the Services; Advertising – Market Our Products and Services; Analytics – User Behavior and Demographics Analysis	Device ID, Username, IP address, Cookies	Until contract ends
Meta Platforms, Inc. Opt-out: https://www.facebook.com/privacy/policy?section_id=6-HowCanYouManage	United States	Online transfer when using the Services	Providing the Services; Advertising – Market Our Products and Services	Device ID, Username, IP address	Until contract ends
Microsoft Co. Opt-out: https://go.microsoft.com/fwlink/?LinkID=286759	United States	Online transfer when using the Services	Providing the Services	Device ID, Username, IP address	Until contract ends
UserCentrics GmbH privacy@usercentrics.com	Germany	Online transfer when using the Services	Providing the Services; Analytics – User Behavior and Demographics Analysis	Device ID, IP address, Geolocation	Until contract ends
Helpshift, Inc. privacy@helpshift.com	United States	Online transfer when using the Services	Customer Support – Answer Requests for Customer or Technical Support	Device ID	Until contract ends
Adjust, Inc. Opt-out: https://www.adjust.com/terms/privacy-policy/	United States	Online transfer when using the Services	Analytics – User Behavior and Demographics Analysis	Device ID, Username, IP address	Until contract ends
Amazon Web Services, Inc. Opt-out: https://aws.amazon.com/privacy/	United States	Online transfer when using the Services	Analytics – User Behavior and Demographics Analysis	Device ID, Username, IP Address	Until contract ends
Appfigures, Inc. Opt-out: https://appfigures.com/privacy	United States	Online transfer when using the Services	Analytics – User Behavior and Demographics Analysis	Username	Until contract ends
Databricks, Inc. Opt-out: https://www.databricks.com/legal/privacynotice	United States	Online transfer when using the Services	Analytics – User Behavior and Demographics Analysis	Device ID, IP Address, Email Address	Until contract ends
Elasticsearch, Inc. Opt-out: https://www.elastic.co/legal/privacy-statement#your-privacy-rights	United States	Online transfer when using the Services	Analytics – User Behavior and Demographics Analysis	Username	Until contract ends
Aarki LLC Opt-out: https://corp.aarki.com/ad-privacy	United States	Online transfer when using the Services	Advertising – Market Our Products and Services	Device ID, IP address	Until contract ends
Adikteev, Inc. Opt-out: https://www.adikteev.com/privacy-policy-app-users	United States	Online transfer when using the Services	Advertising – Market Our Products and Services	Device ID, IP address	Until contract ends
Adjoe GmbH Opt-out: https://adjoe.io/privacy/	Germany	Online transfer when using the Services	Advertising – Market Our Products and Services	Device ID, IP address	Until contract ends
Appier Inc. Opt-out: https://dsar.appier.com/request	Taiwan	Online transfer when using the Services	Advertising – Market Our Products and Services	Device ID, IP address	Until contract ends
Apple Inc. Opt-out: https://searchads.apple.com/privacy	United States	Online transfer when using the Services	Advertising – Market Our Products and Services	Device ID, IP address	Until contract ends
AppLovin Co. Opt-out: https://www.applovin.com/privacy/	United States	Online transfer when using the Services	Advertising – Market Our Products and Services	Device ID, IP address	Until contract ends
Bestitos Corp. d.b.a. KashKick Opt-out: https://kashkick.com/privacy-policy	United States	Online transfer when using the Services	Advertising – Market Our Products and Services	Device ID, IP address	Until contract ends
BidMachine, Inc. Opt-out: https://bidmachine.io/privacy-policy/	United States	Online transfer when using the Services	Advertising – Market Our Products and Services	Device ID, IP address	Until contract ends
Bytedance Pte. Ltd. d.b.a. Pangle Opt-out: https://www.pangleglobal.com/privacy/enduser-en	United States	Online transfer when using the Services	Advertising – Market Our Products and Services	Device ID, IP address, Cookies	Until contract ends
Carta Marketing Firm, Inc. d.b.a. Zucks Opt-out: https://zucks.co.jp/en/privacy/	Japan	Online transfer when using the Services	Advertising – Market Our Products and Services	Device ID, IP address	Until contract ends
Chartboost, Inc. Opt-out: https://www.chartboost.com/legal/privacy-policy/	United States	Online transfer when using the Services	Advertising – Market Our Products and Services	Device ID, IP address	Until contract ends
Digital Turbine, Inc. Opt-out: https://www.digitalturbine.com/privacy-policy/	United States	Online transfer when using the Services	Advertising – Market Our Products and Services	Device ID, IP address	Until contract ends
Fluent LLC Opt-out: https://fluentco.com/privacy-policy-consumer-facing-product-service-websites/	United States	Online transfer when using the Services	Advertising – Market Our Products and Services	Device ID, IP address	Until contract ends
Influence Mobile, Inc. Opt-out: https://www.influencemobile.com/privacy/	United States	Online transfer when using the Services	Advertising – Market Our Products and Services	Device ID, IP address	Until contract ends
ironSource Mobile Ltd. Opt-out: https://developers.is.com/ironsource-mobile/air/ironsource-mobile-privacy-policy/	Israel	Online transfer when using the Services	Advertising – Market Our Products and Services	Device ID, IP address, Cookies	Until contract ends
Liftoff Mobile, Inc. Opt-out: https://liftoff.io/opt-out/	United States	Online transfer when using the Services	Advertising – Market Our Products and Services	Device ID, IP address	Until contract ends
The Rocket Science Group, LLC d.b.a. Mailchimp Opt-out: https://mailchimp.com/about/privacy-rights/	United States	Online transfer when using the Services	Advertising – Market Our Products and Services	Name, email address, birthday	Until contract ends
Mintegral North America, Inc. Opt-out: https://www.mintegral.com/en/privacy/	United States	Online transfer when using the Services	Advertising – Market Our Products and Services	Device ID, IP address, Cookies	Until contract ends
Mistplay Inc. Opt-out: https://www.mistplay.com/legal/privacy	Canada	Online transfer when using the Services	Advertising – Market Our Products and Services	Device ID, IP address, Cookies	Until contract ends
Moloco, Inc.  Opt-out: https://www.moloco.com/privacy-policy	United States	Online transfer when using the Services	Advertising – Market Our Products and Services	Device ID, IP address, Cookies	Until contract ends
NAVER WEBTOON Ltd. Opt-out: https://www.webtoons.com/en/terms/privacyPolicy	Korea	Online transfer when using the Services	Advertising – Market Our Products and Services	Device ID, IP address	Until contract ends
Prodege, LLC Opt-out: https://www.prodege.com/privacy-policy/	United States	Online transfer when using the Services	Advertising – Market Our Products and Services	Device ID, IP address	Until contract ends
Samsung Electronics Co., Ltd. Opt-out: https://www.samsung.com/us/account/privacy-policy/samsungads/	United States	Online transfer when using the Services	Advertising – Market Our Products and Services	Device ID, IP address	Until contract ends
Smadex, S.L.U. Opt-out: https://smadex.com/privacy-policy/	Spain	Online transfer when using the Services	Advertising – Market Our Products and Services	Device ID, IP address	Until contract ends
Snap, Inc. Opt-out: https://values.snap.com/privacy/privacy-policy	United States	Online transfer when using the Services	Advertising – Market Our Products and Services	Device ID, IP address	Until contract ends
Tapjoy, Inc. Opt-out: https://dev.tapjoy.com/en/legal/Privacy-Policy?	United States	Online transfer when using the Services	Advertising – Market Our Products and Services	Device ID, IP address, Cookies	Until contract ends
TapResearch, Inc. Opt-out: https://www.tapresearch.com/legal/privacy-policy-en	United States	Online transfer when using the Services	Advertising – Market Our Products and Services	Device ID, IP address	Until contract ends
TikTok Inc. Opt-out: https://www.tiktok.com/legal/page/us/privacy-policy/en	United States	Online transfer when using the Services	Advertising – Market Our Products and Services	Device ID, IP address, Cookies	Until contract ends
tvScientific, Inc. Opt-out: https://www.tvscientific.com/privacy-policy/	United States	Online transfer when using the Services	Advertising – Market Our Products and Services	Device ID, IP address	Until contract ends
Unity Technologies ApS Opt-out: https://unity.com/legal/game-player-and-app-user-privacy-policy	United States	Online transfer when using the Services	Advertising – Market Our Products and Services	Device ID, IP address, Cookies	Until contract ends
Vibe Advertising, Inc. Opt-out: https://www.vibe.co/legal/privacy-policy	United States	Online transfer when using the Services	Advertising – Market Our Products and Services	Device ID, IP address	Until contract ends
The Walt Disney Company Opt-out: https://privacy.thewaltdisneycompany.com/en/current-privacy-policy/#heading4	United States	Online transfer when using the Services	Advertising – Market Our Products and Services	Device ID, IP address	Until contract ends

When assessing retention periods, we carefully examine whether it is necessary to retain Personal Data collected and, if retention is required, we will store your Personal Data for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws. We will destroy your Personal Data when retaining your Personal Data is no longer necessary to provide the Services or fulfill these purposes. In such case, Personal Data stored electronically will be permanently deleted, and any stored physical records will be destroyed.

Collection and Disclosure of Personal Data

The categories of Personal Data we have collected within the last twelve (12) months about you, as well as the categories of persons to whom we have disclosed this information, are described in the table below.

Category of Personal Data Collected by Jam City	Category of Third Parties Personal Data is Disclosed to for a Business Purpose	Category of Third Parties to Whom Personal Data is Sold And/or Shared
Identifiers.    A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, username, or other similar identifiers.	Service providers  Other users Advertising partners  Data analytics providers Social networks	Advertising Partners Data analytics providers  Social networks
Personal Data categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))   A name, address, telephone number, or financial information.	Service providers  Other users Advertising partners  Data analytics providers	Advertising Partners Data analytics providers Social networks
Protected classification characteristics under California or federal law   Age.	Service providers  Advertising providers Data analytics providers	Advertising providers Data analytics providers  Social networks
Commercial information   Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	Service providers  Advertising partners  Data analytics providers	Advertising partners  Data analytics providers  Social networks
Internet or other electronic network activity, including browsing history, search history, and information regarding a consumer’s interaction with an internet website application or advertisement.	Service providers  Data analytics providers	Service providers Data analytics providers
Non-precise geolocation data Physical location or movements.	Service providers  Advertising partners  Data analytics providers	Advertising partners Data analytics providers  Social networks
Inferences drawn from other Personal Data to create a profile about a consumer Profile reflecting a consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	Service providers  Other users Advertising partners  Data analytics providers Social networks	Advertising Partners Data analytics providers  Social networks

The categories of sources from which Personal Data is collected, and further details regarding our collection practices, are set out in Personal Data We Process above. 

Use of Personal Data

We use and disclose the Personal Data we collect for the purposes outlined in the Our Purposes For Processing Your Personal Data section above. Where required under applicable law, we will not collect additional categories of Personal Data or use the Personal Data we have collected for materially different, unrelated, or incomplete purposes without first providing you notice.

Sales/Sharing/Targeted Advertising

Some of our disclosures of Personal Data may be considered a “sale” or “share” as those terms are defined under applicable law. In many states, a “sale” is broadly defined to include a disclosure for something of value, and, in California, a “share” is broadly defined to include a disclosure for cross-context behavioral advertising. We collect, sell, or share the categories of Personal Data as described in the table above. We do not knowingly sell or share the Personal Data of minors under 16 years old.

Sensitive Personal Data

Some of the Personal Data we collect may be considered sensitive Personal Data  under applicable law. Where required by applicable law, we collect your sensitive Personal Data with your consent. We collect, use, and disclose sensitive Personal Data only for the permissible business purposes for sensitive Personal Data under applicable law. We do not sell or share sensitive Personal Data.

Retention

The criteria used to determine the period of time were retain your Personal Data is outlined in Retention Period above. 

Your Rights

Verifiable Requests

Subject to applicable law (and verification as applicable), you have the right to request the following from us:

• To Know and Access: a copy of the specific pieces of Personal Data we have collected about you. You also have the right to confirm whether we are processing your Personal Data and what Personal Data we have collected about you, the categories from which Personal Data was collected, the business or commercial purposes for collecting, selling, or sharing Personal Data, the categories of Personal Data that we sold, shared, or disclosed for a business purpose, and the categories of third parties to whom we disclosed Personal Data. To exercise this privacy right, you may submit a request at https://support.jamcity.com/privacyrequest/ , or by contacting us at privacy@jamcity.com . We will respond within 45 days or as required by applicable laws. 
• Deletion: that we delete your Personal Data. This right may be limited to the extent that we are permitted or required by applicable law to retain certain information. (Note that if you request deletion of your Personal Data, you may no longer be able to use or access the Services. If you decide to use or access the Services again, we may consider this a new profile, and may collect Personal Data associated with that profile in accordance with this Privacy Policy). To exercise this privacy right, you may submit a request at https://support.jamcity.com/privacyrequest/ , or by contacting us at privacy@jamcity.com . We will respond within 45 days or as required by applicable laws.
• Opt-Out of Sales / Sharing / Targeted Advertising : You have the right to opt-out of us selling or sharing your Personal Data to third parties, or processing your Personal Data for purposes of targeted advertising. To opt out of such selling, sharing, and targeted advertising within our apps, you may click the “Do Not Sell or Share My Personal Information” button in the menu of our apps, provide the information requested in this opt out form: https://support.jamcity.com/stateoptout/ , or email us at stateoptout@jamcity.com . Opt-out requests within our apps will be processed within 24 hours, and opt-out requests through the form or through email will be processed within 15 business days, or as required by applicable laws.
• Correction: the correction of inaccurate Personal Data that we have on file about you. To exercise this privacy right, you may contact us at privacy@jamcity.com . We will respond within 45 days or as required by applicable laws.

If you are a resident of Minnesota or Oregon, you also have the right to request a list of the specific third parties to whom we have disclosed Personal Data. We will respond within 45 days or as required by applicable laws.

Exercising these rights will not result in the degradation of our Services to you.

To exercise any of these rights, submit a request through the applicable form listed above, contact us at privacy@jamcity.com (specifying the rights you wish to exercise), or call our toll-free number at 1-800-819-0199. 

These rights are verifiable rights, meaning that we are required by law to take reasonable steps to verify your identity prior to responding to your request. If we are unable to process your request via you authenticating yourself on the Services, we may verify your request by asking for information sufficient to confirm your identity, such as your name, email address, and phone number. Requests to exercise these rights may be granted in whole, in part, or not at all, depending on the scope and nature of the request and as permitted by applicable law. Where required by applicable law, we will notify you if we reject your request, and notify you of the reasons we are unable to honor your request. 

Exemptions and Designated Methods

Please note that your exercise of these rights is subject to certain exemptions to safeguard the public interest (e.g., the prevention or detection of crime) and our interests (e.g., the maintenance of legal privilege). To the extent permitted by law, rights requests must be exercised through the applicable designated method listed herein. We will not discriminate against you, in terms of price or services that we offer, if you exercise any of the rights listed above.

Authorized Agent

Depending on where you live, you may have the right to use an authorized agent on your behalf to exercise a privacy right discussed above. If you are an authorized agent acting on behalf of a user to exercise a privacy right discussed above, you must be able to demonstrate that you have the requisite authorization to act on behalf of the consumer. If you are an authorized agent trying to opt out of selling, sharing, and targeting advertising on behalf of a consumer, then you can make a request on the consumer’s behalf by providing the information requested in this opt out form: https://support.jamcity.com/stateoptout/ , or by contacting us at stateoptout@jamcity.com . If you are an authorized agent trying to exercise data access or deletion rights on behalf of a consumer, then you can make a request on the consumer’s behalf by providing the information requested in this form: https://support.jamcity.com/privacyrequest/ , or by contacting us at privacy@jamcity.com . If you are an authorized agent trying to exercise any other privacy right on behalf of a consumer, you may contact us at privacy@jamcity.com . To the extent permitted by applicable law, such requests must include the following information: (1) a written authorization from the consumer that includes the consumer’s first name, last name, and valid email address used by the consumer to interact with us, that is signed by the consumer and clearly bestows upon the agent the proper authority; and (2) a certificate of good standing with your state of organization.  Alternatively, an acting agent can provide a valid power of attorney signed by the consumer on the agent’s behalf and a valid email address used by the consumer to interact with us. The email address of the consumer will be used to separately verify the agent’s authority with the consumer. The consumer may then be directed to submit a request through the designated methods above. 

Appeals

For some jurisdictions, you have the right to appeal our decision in response to your request. To appeal, please write us at the email or postal address set out in the “ Contact Us ” section and specify what you wish to appeal. We will review and respond to your appeal in accordance with applicable law. If we deny your appeal, you may submit a complaint to your Attorney General as follows:

• For Colorado residents: https://coag.gov/file-complaint/
• For Connecticut residents: https://www.dir.ct.gov/ag/complaint/
• For Delaware residents: https://attorneygeneral.delaware.gov/fraud/cmu/complaint/
• For Indiana residents: https://www.in.gov/attorneygeneral/consumer-protection-division/file-a-complaint/
• For Iowa residents: https://www.iowaattorneygeneral.gov/for-consumers/file-a-consumer-complaint
• For Kentucky residents: https://www.ag.ky.gov/Resources/Consumer-Resources/Consumers/Pages/Consumer-Complaints.aspx
• For Maryland residents: https://oag.maryland.gov/i-need-to/Pages/business-complaints.aspx
• For Minnesota residents: https://www.ag.state.mn.us/office/complaint.asp
• For Montana residents: https://dojmt.gov/office-of-consumer-protection/consumer-complaints/
• For Nebraska residents: https://www.nebraska.gov/apps-ago-complaints/?preSelect=CP_COMPLAINT
• For New Hampshire residents: https://www.doj.nh.gov/data-privacy-enforcement
• For New Jersey residents: https://njconsumeraffairs.nj.gov/file-a-complaint/
• For Oregon residents: https://justice.oregon.gov/consumercomplaints/
• For Rhode Island residents: https://riag.ri.gov/forms/consumer-complaint
• For Tennessee residents: https://www.tn.gov/attorneygeneral/working-for-tennessee/consumer/file-a-complaint.html
• For Texas residents: https://oag.my.salesforce-sites.com/CPDOnlineForm
• For Utah residents: https://attorneygeneral.utah.gov/contact/complaint-form/
• For Virginia residents: https://www.oag.state.va.us/consumercomplaintform

Financial Incentives

We may ask you to provide Personal Data in exchange for a reward or participation in a promotion or other program. These programs are entirely voluntary and allow us to grow our business and provide additional benefits to you. Under California law, these programs may be considered a financial incentive and are subject to the terms disclosed to you at the time you sign-up to participate. The value of your Personal Data to us depends on how you ultimately use our Services. Said value will be reflected in the incentive offered in connection with each program. You may withdraw your consent for participating in the financial incentives at any time. In order to withdraw, please contact us as described in the “ Contact Us ” section below. 

Shine the Light Disclosure

California residents are entitled to ask us for a notice that identifies the categories of Personal Data that we share with our affiliates and/or third parties for their own direct marketing purposes, and provides contact information for such affiliates and/or third parties. If you are a California resident and would like this information, please submit a written request to as described in the “ Contact Us ” section below (specifying that you are making a “California Shine the Light Request”). 

De-Identified Information

Sometimes we anonymize or de-identify information so it is no longer considered Personal Data under applicable law. If we create or receive de-identified information, we will not attempt to reidentify such information, except to comply with applicable law.  

Supplemental Notice for Nevada Residents

If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Data to third parties who intend to license or sell that Personal Data. You can exercise this right by contacting us at privacy@jamcity.com with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your profile. Please note that we do not currently sell your Personal Data as sales are defined in Nevada Revised Statutes Chapter 603A. If you have any questions, please contact us as set forth in Contact Us below.

Protecting children’s privacy online is very important to us. Generally, our Services are not directed to children under 13 (or other age as required by local law), and the Services do not knowingly collect Personal Data from children. However, we do have some games that may appeal to children.

For games that are not directed at children but nonetheless may appeal to them, we take additional steps to limit access to these Services based on the user’s age. For these services, when a user indicates they are under 13 (or the applicable age in their territory), we will limit their access to certain features, such as social media plug-ins, chat features, and certain types of notification alerts. For known underage users, we also limit personal data collection and sharing to only what is necessary to support the internal operations of our Services, including flagging underage users to provide the underage experience and serving contextual advertising. For more information on how we use personal data for users 13 or older (or the applicable age in their territory), please see the Personal Data We Process section above. 

If you are a parent or guardian and have any concerns regarding the service, wish to review information collected from your child, or have that information modified or deleted, you may contact us at  privacy@jamcity.com . If we become aware that a child has provided us with Personal Data, we will delete any Personal Data we have collected, unless we have a legal obligation to keep it, and terminate the child’s profile and/or revert them to the underage experience, as applicable.

We do not actively collect personal information from children in apps and services that may appeal to children. We do work with service providers who automatically collect personal information. Please see more information below.

Service Providers

We use the following service providers in relation to children in our apps, including Frozen Adventures, Frozen Free Fall, Emoji Blitz, and Magic Match 3D. If you have any questions about these service providers, you may contact us at privacy@jamcity.com .

• We use Google Crashlytics and Firebase for bug reporting, crash reporting and analytics. Firebase collects an IP address to determine approximate location before immediately discarding it. 
• We use Helpshift for customer service and to host our FAQs. In the event we are contacted through our helpdesk by a child, we will reply once before immediately deleting the child’s email address and any associated Personal Data. 
• Our apps link out to this privacy policy hosted on our website. We use Google Analytics on the website to track page views. Google Analytics is restricted from sharing your user data. Google Analytics collects then immediately discards an IP address to determine approximate location. 

The following apps also use additional service providers as outlined below: 

Frozen Adventures

Frozen Adventures uses PlayFab for backend services and analytics. PlayFab collects but immediately obfuscates an IP address to determine city level. 

In our Frozen Adventures app, if a user indicates that they are under 16, no ads are served. 

Frozen Free Fall

We use the following service providers to serve contextual ads to users who indicate that they are under 18 in our Frozen Free Fall app. Users who indicate that they are under 18 in our Frozen Free Fall app are not tracked or served behavioral ads. 

• Google AdMob 
• IronSource
• Liftoff
• Unity 

These providers collect an advertising ID, device ID, and IP address for frequency capping and fraud prevention. Identifiers are not shared with any other third parties and are retained as long as necessary to provide these services. 

Emoji Blitz

Emoji Blitz uses PlayFab for backend services. PlayFab uses legacy data for AB tests, customer support service, and other operational tasks. PlayFab does not use or disclose any personal data for any other purpose. 

We use the following service providers to serve contextual ads to users who indicate they are under 18 in our Emoji Blitz app. Users who indicate that they are under 18 in our Emoji Blitz app are not tracked or served behavioral ads. 

• Applovin
• Google AdMob
• IronSource
• Unity

These providers collect an advertising ID, device ID, and IP address for frequency capping and fraud prevention. Identifiers are not shared with any other third parties and are retained as long as necessary to provide these services. 

Book of Life: Sugar Smash

In our Book of Life: Sugar Smash app, if a user indicates that they are under 16, no ads are served.

Cookie Jam

Cookie Jam uses Kibana for backend services and analytics. 

In our Cookie Jam app, if a user indicates that they are under 18, no ads are served. 

Harry Potter: Hogwarts Mystery

Harry Potter: Hogwarts Mystery uses Kibana for backend services and analytics. 

We use IronSource to serve contextual ads to users who indicate they are under 18 in our Harry Potter: Hogwarts Mystery app. Users who indicate that they are under 18 in our Harry Potter: Hogwarts Mystery app are not tracked or served behavioral ads.

We do not use any personal data collected from a known underage user to contact a specific individual, build a profile, serve targeted ads, or for any other purpose other than as described.

Kids Privacy Assured by PRIVO: COPPA Safe Harbor Certification – Frozen Adventures, Frozen Free Fall, Emoji Blitz, and Magic Match 3D

Jam City is a member of the PRIVO Kids Privacy Assured COPPA Safe Harbor Certification Program (“the Program”). The Program certification applies to the digital properties listed on the validation page that is viewable by clicking on the PRIVO Seal. PRIVO is an independent, third-party organization committed to safeguarding children’s personal information collected online. The PRIVO COPPA certification Seal posted on this page indicates Jam City has established COPPA compliant privacy practices and has agreed to submit to PRIVO’s oversight and consumer dispute resolution process. If you have questions or concerns about our privacy practices, please contact us at 1-800-819-0199 or  privacy@jamcity.com . If you have further concerns after you have contacted us, you can contact PRIVO directly at  privacy@privo.com .

https://cert.privo.com/#/companies/jamCity

If you have any questions about this Privacy Policy, or trouble accessing this Privacy Policy, please contact us as set out below. To exercise rights available to you, or if you’re a parent and would like to request to review or delete your child’s information, please use the designated methods listed in this Privacy Policy.

Global (Excluding the EU, UK, and Switzerland):
Jam City, Inc.
8461-63 Higuera Street, Unit 2B
Culver City, CA 90232
privacy@jamcity.com
Data Protection Officer:  dpo@jamcity.com
1-800-819-0199

EU Representative pursuant to GDPR:
RIVACY GmbH
Mexikoring 33
22297,Hamburg
info@rivacy.eu

UK Representative pursuant to UK GDPR:
Rivacy Ltd.
St. James’ Hall, Mill Road
Lancing, West Sussex
England, BN15 OPT
info@rivacy.co.uk

CH Representative pursuant to FADP:
Rivacy Switzerland GmbH
epartners Rechtsanwälte AG
Hardturmstrasse 11
8005 Zurich
info@rivacy.ch

When accessing or using the Software, including browsing any Jam City, Inc. website or accessing a Jam City game, you agree to these Terms of Service and the  Privacy Policy . You may also be required to create a publicly-facing username (“Company User ID”) before accessing the Software. Subject to the terms and conditions of this Agreement, Company grants you a non-exclusive, non-transferable, non-assignable license (without right to sublicense) to install and use one copy (as well as a back-up copy as permitted by Section 50A of the United Kingdom’s Copyright, Designs and Patents Act 1988 (“ CDPA “) if applicable) of the Software on your personal computer or mobile device, solely in machine executable object code form and solely for your own personal, non-commercial use, and not for the benefit of any third party. The Software is owned and operated by Company. Without prejudice to other terms of this Agreement, Company may change, suspend or discontinue the Software, including the availability of any feature, database, or content in the future in whole or in part for business reasons or due to legal, technical, or other objective reasons, e.g., to maintain the Software in conformity, fixing Software bugs, enhancing the functionality of the Software, introducing new content, or for other reasons at any time. If Company decides to stop providing the Software, Company will inform you at least 90 calendar days in advance and Company will comply with its legal obligations to you. If Company removes or stops providing the Software for legal, technical, or other objective reasons, Company will inform you in advance (unless immediate removal of the Software or parts of it is required for legal reasons) and Company assumes no liability except if otherwise required by applicable law. Company may also impose limits on certain features and services or restrict your access to parts or all of the Software without notice or liability.  Company reserves the right, in its sole discretion, to modify this Agreement at any time by posting a notice on the Company’s website (currently located at  https://www.jamcity.com ), or by sending you a notice via email or via the Software. In the notification, Company will inform you about the changes, your right to object, the notice period and the legal consequences of a failure to object. In the United Kingdom and European Economic Area, the changes will be enforced 30 calendar days after the date of last update. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Software following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified. Changes to this Agreement shall not affect your accrued rights and shall not have retroactive effect.

You must be at least 13 years old (or such other minimum age as is applicable in your country and/or state of residence) to create a Company User ID to use the Software. If you are younger than 18 years old, you are considered a minor unless you are the age of majority in your country and/or state of residence, and may only use the Software if your parent or legal guardian has read and agreed to this Agreement and granted you permission to access the Software. By using the Software, you represent and warrant that you (or your parent or legal guardian, as applicable) have reviewed and agreed to this Agreement. Parents and guardians are responsible for the acts of their children under 18 years of age when using our Software.

You further represent and warrant to Company that: (i) you are an individual (i.e., not a corporation); (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Software and take full responsibility for the selection and use of and access to the Software. This Agreement is void where prohibited by law, and the right to access the Software is revoked in such jurisdictions.

WITHOUT LIMITING ANY OTHER REMEDIES, OR YOUR STATUTORY RIGHTS AS A CONSUMER, COMPANY MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE COMPANY USER IDs OR ACCESS TO COMPANY SOFTWARE OR PORTIONS THEREOF IF YOU ARE FAILING TO MATERIALLY COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL ILLEGAL OR IMPROPER USE OF THE SOFTWARE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA AS A RESULT OF COMPANY USER ID TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SOFTWARE, AND COMPANY IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.

WITHOUT LIMITING OUR OTHER REMEDIES, COMPANY MAY LIMIT, SUSPEND OR TERMINATE THE SOFTWARE AND COMPANY USER IDs OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SOFTWARE, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SOFTWARE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, COMPANY MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE COMPANY USER IDs OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.

All materials displayed or performed on the Software (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Company game client, and the Company game clients and server software) are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any content accessed through the Software, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.

You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section 4), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Software in whole or in part.

In the course of using the Software, you and other users may provide information which may be used by Company in connection with the Software and which may be visible to certain other users. You understand that by posting information or content on the Software or otherwise providing content, materials or information to Company or in connection with the Software (collectively, “User Submissions”), Company hereby is and shall be granted a non-exclusive, worldwide, royalty free, perpetual, irrevocable, and transferable right to fully exploit such User Submissions (including all related intellectual property rights) and to allow others to do so; however, Company will only share personal data identified in the Company’s current Privacy Policy https://www.jamcity.com/privacyandterms/ in accordance with that policy. You also hereby do and shall grant each user of the Software a non-exclusive license to access your User Submissions through the Software, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Software and under this Agreement. Furthermore, you understand that Company retains the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. You understand that all information publicly posted or privately transmitted through the Software is the sole responsibility of the person from which such content originated and that Company will not be liable for any errors or omissions in any content.

You understand that Company cannot guarantee the identity of any other users with whom you may interact in the course of using the Software. Additionally, Company cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all content accessed by you using the Software is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.

“JAM CITY,” “Bingo Pop,” “Cookie Jam,” “Cookie Jam Blast,” “Genies & Gems,” “Juice Jam,” “Panda Pop,”  “Solitaire Showtime,” “Wild Things, Animal Adventure,” “Vineyard Valley” and associated logos are trademarks of Company. All rights reserved. All trademarks not owned by Company that appear in the Software are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Company.

You warrant, represent and agree that you will not contribute any content or otherwise use the Software in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, dangerous, or otherwise objectionable; (iv) involves commercial activities and/or sales without Company’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including without limitation any employee or representative of Company; or (vi) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program. Company reserves the right to remove any content from the Software at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if Company is concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not Company, remain solely responsible for all content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Software, and you warrant that you possess all rights necessary to provide such content to Company and to grant Company the rights to use such information in connection with the Software and as otherwise provided herein.

You assume total responsibility and risk for all of your activity in connection with the Software. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Software. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Company user. Use of the Software to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Software, or any processes that run or are activated while you are not logged on to the Software, or that otherwise interfere with the proper working of or place an unreasonable load on the Software’ infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any portion of the Software is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Software, except in the United Kingdom to the limited extent permitted for interoperability purposes according to 50B for the CDPA

Company has no special relationship with or fiduciary duty to you. To the extent permitted by applicable law and without affecting your statutory rights as a consumer, you acknowledge that Company has no control over, and no duty to take any action regarding: which users gain access to the Software; what content you access via the Software; what effects the Software or the content accessed therein may have on you; how you may interpret or use the content accessed via the Software; or what actions you may take as a result of having been exposed to the Software. You release Company from all liability for you having acquired or not acquired content through the Software. The Software may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any content contained in or accessed through the Software, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Software. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND WITHOUT AFFECTING YOUR STATUTORY RIGHTS AS A CONSUMER, THE SOFTWARE AND ANY COMPANY SERVICES RELATED THERETO ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES, CONDITIONS, OR OTHER TERMS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

European Economic Area only: IF YOU RESIDE IN EUROPEAN ECONOMIC AREA, AND IF THE SOFTWARE IS NONCONFORMING, YOU MAY, IF APPLICABLE, (i) DEMAND SUPPLEMENTARY PERFORMANCE, (ii) AS THE CASE MAY BE, WITHDRAW FROM OR TERMINATE THIS AGREEMENT OR REDUCE THE RELEVANT FEES, AND, SUBJECT TO THE APPLICABLE LAW, (iii) CLAIM DAMAGES OR REIMBURSEMENT OF FUTILE EXPENSES. HOWEVER, COMPANY WARRANTS THAT ITS DIGITAL GOODS AND DIGITAL SERVICES ARE PROVIDED AS AGREED. THIS SECTION 7 DOES NOT APPLY IF COMPANY OFFERS YOU SOFTWARE THAT IS FREE OF CHARGE.

For information regarding Company’s treatment of personal data, please review Company’s current Privacy Policy at https://www.jamcity.com/privacyandterms/, which is hereby incorporated by reference; your acceptance of this Agreement constitutes your acceptance and agreement to be bound by Company’s  Privacy Policy .

You are not required to create a Company account to play our games. However, as a condition to using some aspects of the Software, you may be required to create a Company User ID. You may not (i) select or use as a Company User ID a name of another person with the intent to impersonate that person; or (ii) use as a Company User ID a name subject to any rights of a person other than you without appropriate authorization. Company reserves the right to refuse registration of or cancel a Company User ID in its discretion.

You will indemnify and hold harmless Company, its parents, subsidiaries, affiliates, officers, directors, employees, and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with: (i) your access and use of the Software, (ii) your violation of this Agreement, and/or (iii) the infringement by you or any third party using your Company User ID of any intellectual property or other right of any person or entity.

European Economic Area only: This Section 10 shall not apply.

THE SOFTWARE IS NOT INTENDED FOR BUSINESS USE, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE SOFTWARE OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF FEES PAID BY YOU OR $100; (II) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL (INCLUDING WITHOUT LIMITATION ANY DAMAGE YOU MAY SUFFER BY USING THE SOFTWARE WHILE OPERATING A MOTOR VEHICLE, IN VIOLATION OF THIS AGREEMENT).

Liability which cannot be Limited or Excluded :

Nothing in this Agreement shall limit or exclude the Company’s liability for (i) death or personal injury resulting from our negligence; (ii) fraud or fraudulent misrepresentation; or (ii) any other liability that cannot be excluded or limited by applicable law. Nothing in this Agreement shall affect your statutory rights as a consumer.

Some Company games may offer a monthly subscription plan and a free trial subscription. If you purchase a subscription plan, the subscription fee will be charged to your Apple account if you use an Apple device, and through your Google Play account if you are an Android user. Subscription plan prices may vary depending on your country. Monthly subscriptions will be charged to you at the beginning of your subscription period and will be charged each month thereafter at the then-current rate unless you cancel. Free trial subscriptions are time-limited for the period set out in detail by Company and provided by Company free of charge.

Automatically Recurring Payment

When you purchase a Subscription Plan, you acknowledge that your subscription will automatically renew each month unless you cancel it or disable automatic renewal at least 24 hours before the end of the current monthly subscription period. Unless you cancel your subscription, the payment method you provided will be automatically charged each month the then-applicable monthly subscription fee, within 24 hours of the calendar day corresponding to the date of commencement of your subscription. In case your monthly subscription began on a day not contained in a following given month, Company will charge the subscription at the last day of the then-applicable month. For example, if your subscription started on January 31 st , your next payment date is likely to be February 28 th and you will be billed on that date. Your Subscription Plan will continue until cancelled by you or we terminate access to or use of the Software in accordance with this Agreement.

Free Trials

We offer free trial subscriptions during which you may use the Services for a limited trial period without payment. Free trial subscriptions are only available to new subscribers. Unless you cancel your free subscription prior to the end of your trial, we (or our third-party payment processor) will begin charging you the applicable subscription fee, whether on a recurring basis for a monthly or annual subscription or a one-time basis for a lifetime subscription, until you cancel your subscription. Instructions for cancellation are stated below in the section titled “Cancellation of Subscription” below. 

Cancellation of Subscription

You may cancel your subscription at any time. Unless an exception applies under applicable law in your jurisdiction (such as your United Kingdom consumer withdrawal rights in Section 14), you will not receive a refund of any portion of the subscription fee paid for the then-current subscription period at the time of cancellation. If you use the Software on an Apple device, you can cancel through the Settings on your device.  Go to Settings, tap App Store, tap your Apple ID, tap View Apple ID, sign in if requested, then tap Manage under Subscriptions. If you are an Android user, open the Google Play Store on your device, tap Menu and then Subscriptions. Tap the subscription to cancel, and then tap Cancel.

We may terminate access to or use of the Software, at our sole discretion, at any time and without prior notice. Other than as set out in this Agreement and subject to your United Kingdom consumer withdrawal rights (if applicable), all fees are non-refundable.

Subscription Price Changes

The price of subscriptions is subject to change at any time without notice, except as required by applicable law in your jurisdiction. If we change the price of your monthly or annual subscription, if required by applicable law in your jurisdiction, we will notify you of such price increase 30 calendar days in advance of the price increase taking effect and you will have the option to cancel at any time before the new price is applied. We will obtain your consent to the price increase where required by law to do so. Otherwise, you shall be deemed to have accepted the price increase unless you have unsubscribed before the new price is effective.

In the Software and through means provided by us, users may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) “virtual currency”, including but not limited to virtual cash or diamonds, all for use in Company games; (b) “virtual in-game items” (together with “virtual currency”, “Virtual Items”); and (c) other goods or services (“Merchandise”). You are only allowed to purchase Virtual Items from us or our authorized partners through the Software or through means provided by us.

Company may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. Company shall have no liability to you or any third party in the event that Company exercises any such rights.

The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Software or though means provided by us. Other than as expressly authorized by Company, you shall not sell, redeem, rent, gift, or otherwise transfer or receive Virtual Items or Merchandise to or from any person or entity, including but not limited to Company, another user, or any third party.

ALL PURCHASES AND REDEMPTIONS OF VIRTUAL CURRENCY AND VIRTUAL ITEMS MADE THROUGH THE SOFTWARE OR MEANS PROVIDED BY US ARE FINAL AND NON-REFUNDABLE, EXCEPT AS REQUIRED BY APPLICABLE LAW.

The provision of Virtual Items for use in Company games is a service provided by Company that commences immediately upon acceptance by Company of your purchase.

You agree to pay all fees and applicable taxes incurred by you or anyone using a Company User ID registered to you. Company may revise the pricing for the goods and services offered through the Software or means provided by us at any time. YOU ACKNOWLEDGE THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN A COMPANY USER ID IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

When you purchase Virtual Items or Merchandise from an authorized third party, Company is not a party to the transaction and your purchase will be governed by the third party’s payment and refund terms and conditions. You hereby represent and warrant that you have read and agreed to be bound by all applicable policies of the third party when you make a purchase through such third party.

If you are a resident of the United Kingdom, you have the right to withdraw from any contract (except as described by the “Digital Content Exception” subsection below) within 14 calendar days without giving any reason. The withdrawal period will expire after 14 days from the day of conclusion of the contract. To exercise the right of withdrawal, you must inform Company of your decision to withdraw from the contract by an unequivocal statement (e.g., a letter sent by post to the address listed in the “Contact” section or email to support@jamcity.com). 

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effect of withdrawal :

If you withdraw from the contract, we shall reimburse to you all payments received from you under this contract, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 calendar days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you have requested that the services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you have communicated us of the exercise of the right of withdrawal from that contract, in comparison with the full coverage of these services under the contract.

You lose your right of withdrawal after the digital content has been fully supplied and if the supply has begun with your prior express consent, and with the acknowledgement that you will lose your right of withdrawal once the digital content has been fully supplied by us.

Digital Content Exception : 

You lose your right of withdrawal insofar as the contract comprises the supply of digital content which is not supplied on a tangible medium if the supply has begun with your prior express consent and your acknowledgment that you thereby lose your right of withdrawal.

Based on the aforesaid, you understand that by purchasing digital content, you consent that we make available these digital content to you directly after we have accepted your purchase. You will lose your right of withdrawal once the digital content has been made fully available to you by us.

The Software may contain links to third party websites or services that are not owned or controlled by Company. When you access third party websites or services, you do so at your own risk. You hereby represent and warrant that you have read and agreed to be bound by all applicable policies of any third party websites or services relating to your use of the Software and that you will act in accordance with those policies, in addition to your obligations under this Agreement. Company has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or services. In addition, Company will not and cannot monitor, verify, censor or edit the content of any third party site.

By using the Software, you expressly relieve and hold harmless Company from any and all liability arising from your use of any third party website or service.

This Agreement shall remain in full force and effect while you use the Software. You may terminate your use of the Software at any time by uninstalling it from your device; however, you understand that you are not entitled to any refunds of paid Virtual Items and Merchandise linked to your Company User ID and you will lose the paid Virtual Items and Merchandise accessible from that Company User ID at the time of your termination. If you have an automatically renewing subscription, please follow the instructions in the “Cancellation of Subscription” section above to cancel your subscription.  Company may terminate or suspend your access to the Software, for any reason or for no reason, and without warning, which may result in the forfeiture and destruction of all information associated with your use of the Software. By using the Software, you expressly agree that any violation of this Agreement is reason for termination or suspension of your access to the Software. Any fees paid hereunder are non-refundable, unless provided by applicable law in your jurisdiction. Refund requests should be directed to the App Provider. Apple’s terms can be found at  https://www.apple.com/legal/internet-services/itunes/us/terms.html ; Google’s terms can be found at  https://play.google.com/intl/en-us_us/about/play-terms/index.html .

Upon termination of your Company User ID, your right to use the Software, or access will immediately cease. Sections 4, 7, 10 and 11 shall survive termination.

The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Jam City. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise. Any notices or other communications provided by Jam City under this Agreement, including those regarding modifications to this Agreement, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with Company’s prior written consent. Any attempt by you to assign or transfer this Agreement, without such consent, will be null. Company may transfer, assign or delegate this Agreement and its rights and obligations without consent. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns. Both parties agree that this Agreement, including the incorporated Privacy Policy, is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.

United Kingdom residents only: Other than as explicitly set out within, this Agreement does not give rise to any rights under the Contracts (Rights of Third Parties Act) 1999 to enforce any provision of this Agreement.

If you have an issue with the Services that cannot be resolved by contacting Customer Support , this Section 18 (the “Arbitration Agreement”) explains how you and Company agree to resolve any Disputes by informal negotiation, binding individual arbitration, or small claims court, subject to limited exceptions described below. 

Please read this section carefully as it affects your legal rights, including your right to file a lawsuit in court and to have a jury hear your claims. This section does not apply to residents of the United Kingdom, European Economic Area, Australia, or Switzerland.  

1. Agreement to Binding Individual Arbitration . Subject to the claims excluded in Section 18(I), a “Dispute” means any dispute, claim, or controversy arising from or related to the Services, including related to the formation, breach, termination, enforcement, scope, validity, or applicability of the Agreement or the Arbitration Agreement, or your rights under those agreements. If you and Company cannot resolve your Dispute through the informal negotiation process in Section 18(D), we agree that any Disputes between us shall be exclusively resolved by individual binding arbitration under this Arbitration Agreement. All Disputes are subject to the terms in this Arbitration Agreement, the U.S. Federal Arbitration Act, and federal arbitration law. This Arbitration Agreement applies to all Disputes between the parties whether the Dispute arose before or after the parties accepted this Agreement. The arbitrator – not a federal, state, or local court, or government agency – shall have exclusive authority to resolve any Disputes, including those related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, and any claim that all or part of the Arbitration Agreement is void or voidable. The arbitrator or process administrator, as applicable, shall have authority to determine all threshold arbitrability issues, including related to whether the Agreement or the Arbitration Agreement are unconscionable or illusory; whether the Arbitration Agreement has been disaffirmed under applicable law; and any defense to arbitration including waiver, delay, laches, or estoppel. The arbitrator may award the same remedies as a court could, but only to the extent required to satisfy the individual Dispute at issue.
2. Class Action Litigation / Jury Trial Waiver . You and Company each waive all rights to a trial by jury in any action or proceeding involving any Disputes in any forum. You and Company each waive all rights to participate in any purported class, collective, representative, third-party claim, or consolidated action or proceeding in court. Likewise, Disputes shall be arbitrated on an individual, non-class, and non-representative basis, which means that the arbitrator will resolve your individual Dispute with Company separate from any other Dispute; provided, however, that under Section 18(F), the arbitrator or process administrator may consolidate or join more than one Dispute as part of a Mass Arbitration. The arbitrator may award relief permitted by applicable law only with respect to the individual party or parties seeking relief, but shall not award relief respecting any person other than the specific party or parties to the Dispute.
3. Applicability; Your Right to Opt Out. This binding individual arbitration requirement will not apply to the extent prohibited by the laws of your country or state of residence. Additionally, you have the right to opt out of this Arbitration Agreement. If you wish to opt-out, you must notify us in writing within 30 days of the date that you first accept this Agreement (“Opt-Out Notice”) unless a longer period is required by applicable law.Your Opt-Out Notice must be sent by mail or professional courier service to:
   Jam City, Inc.
   ATTN: Legal Department – Arbitration Opt-Out
   8461-63 Higuera St. Suite 2B
   Culver City, California 90232
   United States of America
   
   To be valid, the Opt-Out Notice must include: (1) your name and mailing address; (2) the Game ID, Client ID, or other user ID number (if any) that you use in connection with the Services; and (3) a clear signed statement that you do not agree to the Arbitration Agreement. You are responsible for ensuring our receipt of your Opt-Out Notice; you therefore may want to send your notice using a delivery method that provides you with a written receipt of delivery.
   For clarity, if you accepted a previous version of the Arbitration Agreement and did not Opt Out, your Opt-Out Notice will be limited to the materially updated terms of this version. In this case, you and Company will still arbitrate any Dispute under the terms of the Arbitration Agreement as of the date you first agreed to it or the effective date of the last version of the Arbitration Agreement you accepted (as indicated by the “Last Updated” date above), whichever is later.
4. Pre-Arbitration Informal Dispute Resolution. Except for claims brought under Section 18(I), any Dispute between you and Company must be resolved through the steps in this section 18(D). It is important that the parties work through this process to attempt to resolve a Dispute before resorting to arbitration. Accordingly, the parties agree that no arbitration service provider may initiate an arbitration (or charge or accept any fees) without the parties’ compliance with this section 18(D) and, if such an arbitration proceeding has been filed, it must be terminated or dismissed. Either party may initiate court proceedings to enjoin the filing or continuation of an arbitration if the requirements of Section 18(D) have not been met. Step 1: Notice of Dispute . If you have a Dispute with us, you must send written notice of the Dispute (“Notice of Dispute”) to us at the following address by U.S mail or professional courier service:
   Jam City, Inc.
   ATTN: Legal Department – Notice of Dispute
   8461-63 Higuera Street, Suite 2B
   Culver City, California 90232
   United States of America
   
   If Company has a Dispute with you, we will send our Notice of Dispute to your registered email address and any billing address you have provided us or, if these options are not available, to other reasonable contact information you have provided us.To be valid, the Notice of Dispute must include the following information: (1) the name, mailing address, and phone number of the issuing party; (2) your registered email, Game ID, Client ID, or other user ID number (if any) that you use in connection with the Services; (3) the game, website, or other element of the Service at issue; and (4) a reasonably detailed description of the Dispute and the proposed resolution. This means that the Notice of Dispute must include the basic facts and circumstances of the Dispute so the receiving party can meaningfully review it. For example, if the Dispute relates to a purchase, it must include the date of the transaction, a related order number (if any), and the game, Virtual Item, or Service purchased. If the Dispute claims a violation of a law or regulation, it must identify the law or regulation and describe the facts specific to the circumstances that resulted in the claimed violation. The Notice of Dispute must be personally signed by you (if you are the claimant) or by an authorized representative of Company (if we are the claimant). Finally, the Notice of Dispute must be legibly written in English and be printed in no smaller than 10-point font size.

   Step 2: Informal Negotiation . To help us get to a resolution faster and reduce the costs for both parties, you and Company agree to first attempt to informally negotiate any Dispute for at least 45 days, which may be extended, paused, or resumed at any time by mutual written agreement of the parties (the “Negotiation Period”). The Negotiation Period begins on the day you or Company receive a Notice of a Dispute that complies with the requirements in Step 1 above. During the Negotiation Period, either you or Company may request to talk individually by telephone or video conference (a “Conference”) regarding the potential for a resolution of the Dispute. If either party requests a Conference in good faith, the parties will work together to schedule a Conference at a mutually convenient time during the Negotiation Period. If you or Company are represented by counsel, such counsel may appear at the Conference.Any statute of limitations period applicable to the Dispute will be tolled during the Negotiation Period, including any agreed-upon modifications or extensions. Neither party has the right to commence an arbitration until such Negotiation Period has expired.

   Step 3: Binding Arbitration . If, after the expiration of the applicable Negotiation Period, the parties are unable to resolve the Dispute, then the Dispute (excluding claims set out in Section 18(I) below) will be resolved exclusively via binding individual arbitration. This arbitration will be conducted by the  Judicial Arbitration Mediation Services, Inc. (“JAMS”); provided, however, that JAMS is prohibited from initiating any arbitration (or charging or accepting any fees) without the parties’ compliance with this Section 18(D) and, if such an arbitration proceeding has been filed, it must be terminated or dismissed.

5. Demand for Arbitration . The party seeking to initiate arbitration of a Dispute must submit a “Demand for Arbitration” (using the form available on the JAMS website), pay any applicable filing fee, and mail a copy of the Demand for Arbitration to the opposing party. If you have a Dispute with us, you must send a copy of your Demand for Arbitration to:
   Jam City, Inc.
   ATTN: Legal Department – Demand for Arbitration
   8461-63 Higuera St. Suite 2B
   Culver City, California 90232
   United States of America
   
   If Company has a Dispute with you, we will send your copy of our Demand for Arbitration to your registered email address and any billing address you have provided us or, if these options are not available, to other reasonable contact information you have provided us. The Demand for Arbitration must include a copy of the Notice of Dispute, be legibly written in English, and printed in no smaller than 10-point font size.
6. Arbitration Procedure.
   Rules . You and Company agree that any arbitration between us shall be governed by the then-effective JAMS Streamlined Arbitration Rules and Procedures as of the date of the Notice of Dispute (the “JAMS Rules”) and as modified by this Arbitration Agreement. Please see  www.jamsadr.com for more information about JAMS and the JAMS Rules. You and Company agree that the arbitration will be conducted in English and that the arbitrator (and process administrator, if any) will be bound by this Arbitration Agreement.
   Representation . All parties to an arbitration have the right, at their own expense, to be represented by counsel of their choosing. The parties agree that their respective counsel (if any) in the arbitration will each be bound by, and must certify compliance with, Federal Rule of Civil Procedure 11 (“FRCP 11”) including to prevent the initiation or pursuit of frivolous or improper claims. Any violations of FRCP 11 are subject to sanctions by the arbitrator or process administrator under the Federal Rules of Civil Procedure, JAMS Rules, or other applicable federal and state law.
   Procedures for Mass Arbitration . A “Mass Arbitration” means 10 or more Disputes relating to the same or similar subject matter that share common issues of law or fact and in which the non-Company parties or their legal representative are the same or acting in coordination. You and Company agree that if your Dispute is (or becomes) part of a Mass Arbitration, then the Dispute shall also be subject to the JAMS Mass Arbitration Procedures and Guidelines in effect as of the date of the Notice of Dispute (the “JAMS Mass Arbitration Procedures”). In addition to the authority granted under the JAMS Rules or JAMS Mass Arbitration Procedures, the process administrator may decide whether individual Notices of Dispute are valid under this Arbitration Agreement. Nothing in this Section shall be interpreted as authorizing a consolidated, representative, group, or class proceeding in any court without Company’s express written consent. Company reserves all rights and defenses as to each and any Demand for Arbitration and claimant.
   Discovery and Evidence . The arbitrator or process administrator shall make all determinations related to the relevance of discovery and the relevance or admissibility of evidence under the Federal Rules of Evidence as interpreted by the federal courts located in the County of Los Angeles.
   Dispositive Motions & Hearing Location . The arbitrator and process administrator shall allow for dispositive motions. The location and method of the parties’ appearance at the arbitration proceedings, if any, will be determined by the JAMS Rules and JAMS Mass Arbitration Procedures, as applicable.
   Confidentiality . The arbitrator and process administrator shall issue orders providing that the respective proceedings and all notices, pleadings, motions, discovery responses, testimony, and documents exchanged or filed related to such proceedings be kept strictly confidential. Where supported by applicable law, such orders may provide for confidential materials to be further designated as “attorney’s eyes only.”
   Fees . The parties will bear any arbitration costs as determined by the JAMS Rules and JAMS Mass Arbitration Procedures, as applicable. Each party shall bear its respective attorney’s fees and other costs related to their respective representation in the arbitration; provided, however, that if the arbitrator or process administrator finds that the substance of one or more claims or requested relief in the Dispute is frivolous or brought for an improper reason (e.g. as determined under FRCP 11), the prevailing party will be entitled to seek repayment of their reasonable attorney’s fees and other costs related to such claims or relief.
   Decision & Award . The arbitrator (not a judge or jury) will resolve the Dispute. Unless otherwise agreed, any decision or award shall set forth the factual and legal basis for the award. The arbitrator shall be permitted to award only those remedies permitted by applicable law or in equity which are supported by credible, relevant evidence as determined under the Federal Rules of Evidence. Unless Company expressly consents, the arbitrator may not award relief against Company respecting any person other than you or the parties to a Mass Arbitration if applicable. Any decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial acceptance of any award and an order of enforcement. The arbitrator’s decision is final and binding on the parties, except for a limited review by courts under the U.S. Federal Arbitration Act and can be enforced like any other court order or judgment.
7. Time Limit for Claims . To the extent permitted by applicable law, if a Dispute must be arbitrated, you or Company must start arbitration of all Disputes within two (2) years of the events giving rise to the Dispute. If law applicable to a particular claim requires that it be brought sooner than two (2) years after the Dispute first arose, then the arbitration must be brought within that earlier time period. Company encourages you to tell us about a Dispute as soon as possible so we can work to resolve it. Failure to timely engage in dispute resolution will permanently bar all claims.
8. Non-Arbitrable Claims . Notwithstanding anything to the contrary herein, if the arbitrator or process administrator may not legally adjudicate or award a particular legal or equitable claim or remedy, such claim or remedy shall be stayed until all other claims and remedies are final and the arbitration completed. Thereafter, the remaining claims must be litigated in a federal or state court of competent jurisdiction in the County of Los Angeles and, if meritorious, such court may award the remaining remedy. To the extent any such claims are allowed to proceed on a class, collective, consolidated, group, or representative basis other than as a Mass Arbitration under Section 18(F), such claims must be litigated in a federal or state court of competent jurisdiction in the county of Los Angeles, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims remaining in arbitration. In all cases described in this Section 18(H), the federal or state court shall be bound under the principles of claim or issue preclusion by the decision of the arbitrator. Suits brought in state court may be removed to federal court by either party if permissible under applicable law.
9. Claims Excluded from Arbitration . Notwithstanding the parties’ agreement to resolve all Disputes through binding individual arbitration, you and Company may bring an action in state or federal court if limited to any of the following claims: patent infringement or invalidity; copyright infringement (including, without limitation, based on use of the Services following a breach of, or termination of rights under, the Agreement); moral rights violations; trademark infringement; trade secret misappropriation; or computer fraud and abuse. Either party to a Dispute may seek relief in small claims court for any individual Disputes or claims within the scope of that court’s jurisdiction, including by seeking to have an arbitration pending under this Arbitration Agreement moved to such small claims court on this basis. For clarity, all claims or causes of action entitled to be brought under this Section 18(I) are subject to Section 19.
10. Changes to Arbitration Provision . We may modify this Agreement, including the Arbitration Agreement, at our discretion as provided under Section 3.
11. Arbitration Agreement Severability .  If any court, arbitrator, or process administrator determines that Section 18 is invalid, illegal, or otherwise unenforceable for any reason, that a Dispute is permitted to proceed on a class or collective representative basis over Company’s objection, or declines to administer a Mass Arbitration under the JAMS Mass Arbitration Procedure, then this Arbitration Agreement shall be deemed null and void in its entirety, and you and Company shall be deemed to have not agreed to arbitrate your specific individual Dispute.

Disputes will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California without regard to its conflict of law provisions.  Except as otherwise expressly set forth in Section 18 “Dispute Resolution” or this Section 19, you agree that the California state and U.S. federal courts located in the County of Los Angeles shall have exclusive jurisdiction over all Disputes that you and Company are not required to arbitrate and you agree to the venue of such courts.

United Kingdom only : If you reside in England and Wales, this Agreement and any disputes arising out of it will be governed by the laws of England and Wales. If you reside in Scotland or Northern Ireland, there may be certain mandatory applicable laws of your jurisdiction which apply in addition to or instead of certain provisions of English and Welsh law and you may choose to bring an action to enforce your consumer protection rights in Scotland or Northern Ireland (where applicable).

European Economic Area only : Governing law and jurisdiction shall be the member state of the European Economic Area country in which you live. If you reside in Germany, German law shall apply and the jurisdiction of the courts of Germany is agreed (this means that you may bring an action to enforce your consumer protection rights in connection with this Agreement in Germany).

You have the right to contact out-of-court dispute resolution bodies in your country of residence in case of a dispute with us based on the consumer protection law.

Australia : If you reside in Australia, this Agreement shall be governed by, and construed under, the laws of your country of residence without regard to conflict of laws rules. If you reside in Australia, the exclusive jurisdiction for all disputes will be the competent courts of your country of habitual residence. 

Switzerland : If you reside in Switzerland, this Agreement shall be governed by, and construed under, the laws of your country of residence without regard to conflict of laws rules. If you reside in Switzerland, the exclusive jurisdiction for all disputes will be the competent courts of the city of Zurich, Switzerland.

Company shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Company, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Company’s control such as acts of God, war, terrorism, riots, pandemic, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

Company has adopted the following general policy toward copyright infringement in accordance with applicable law, such as the Digital Millennium Copyright Act (“DMCA”) (posted at  www.lcweb.loc.gov/copyright/legislation/dmca.pdf ). The address of Company’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this Section. It is Company’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.

• Procedure for Reporting Copyright Infringements:

If you believe that material or content residing on or accessible through the Software infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
2. Identification of works or materials being infringed;
3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence;
4. Contact information about the notifier including address, telephone number and, if available, email address;
5. A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and
6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

• Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:
  It is Company’s policy:

1. to remove or disable access to the infringing material;
2. to notify the content provider, member or user that it has removed or disabled access to the material; and
3. that repeat offenders will have the infringing material removed from the system and that Company will terminate such content provider’s, member’s or user’s access to the Software.

• Procedure to Supply a Counter-Notice to the Designated Agent:
  If the content provider, member or user believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider, member, or user, must send a counter-notice containing the following information to the Designated Agent listed below:

1. A physical or electronic signature of the content provider, member or user;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
3. A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
4. Content provider’s, member’s or user’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or, if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, Company may send a copy of the counter-notice to the original complaining party informing that person that Company may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company’s discretion.

Please contact Company’s Designated Agent to Receive Notification of Claimed Infringement at the following address:

JAM CITY, Inc.
Legal Dept.
8461-63 Higuera St. Suite 2B
Culver City, CA 90232
legal@jamcity.com

Accessing App from App Store.  The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:

1. This Agreement is concluded between you and Jam City, and not with the App Provider, and Jam City (not the App Provider), is solely responsible for the App.
2. The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
3. In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Jam City.
4. The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
5. In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Jam City will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
6. The App Provider, and its subsidiaries, are third-party beneficiaries of this Agreement as related to your license to the App, and that, upon your acceptance of this Agreement, the App Provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App against you as a third-party beneficiary thereof.
7. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. You must also comply with all applicable third party terms of service when using the App.

If you have any questions, complaints, or claims with respect to the Software, you may contact us at Jam City, Inc., 8461-63 Higuera St. Suite 2B, Culver City, CA 90232 or support@jamcity.com .